§ 13-21-1403 — Civil action - definitions

(1) In this section, unless the context
otherwise requires:

(a) Harm means physical harm, economic harm, and emotional distress
whether or not accompanied by physical or economic harm.

(b) Private means:

(I) Created or obtained under circumstances in which the depicted individual
had a reasonable expectation of privacy; or

(II) Made accessible through theft, bribery, extortion, fraud, false pretenses,
voyeurism, or exceeding authorized access to an account, message, file, device,
resource, or property.

(2) Except as otherwise provided in section 13-21-1404, a depicted individual
who is identifiable and who has suffered harm from a person's intentional
disclosure or threatened disclosure of an intimate image that was private without
the depicted individual's consent has a cause of action against the person if the
person knew or acted with reckless disregard for whether:

(a) The depicted individual did not consent to the disclosure;

(b) The intimate image was private; and

(c) The depicted individual was identifiable.

(3) The following conduct by a depicted individual does not establish by
itself that the individual consented to the disclosure of the intimate image, which is
the subject of the action, or that the individual lacked a reasonable expectation of
privacy:

(a) Consent to the creation of the image; or

(b) Previous consensual disclosure of the image.

(4) A depicted individual who does not consent to sexual conduct or the
uncovering of the part of the body depicted in the intimate image of the individual
retains a reasonable expectation of privacy even if the image was created when the
individual was in a public place.

(5) This section is not the exclusive remedy for an intentional disclosure or
threatened disclosure of an intimate image; a plaintiff may also bring any other
available common law or statutory claims.

Legislative History

Source: L. 2019: Entire part added, (SB 19-100), ch. 88, p. 326, � 1, effective April 8.